Is an Equipment Operator Legally Liable When Training New Employees

[MikePhua]

An experienced operator tasked with training new hires may face legal exposure if an incident occurs, especially in the absence of formal certification, documented procedures, or safety oversight. However, liability typically falls on the employer unless negligence or misconduct can be proven.
Background of municipal training challenges
In many U.S. counties, especially following legislative changes that reduce collective bargaining rights, public works departments have seen waves of retirements and budget-driven hiring of lower-wage, less-experienced personnel. This shift often leaves seasoned operators in the position of informal trainers, without clear authority, safety credentials, or structured programs.
One such case involved a county-employed operator of a Badger Cruz-Air 1085C rubber-tired excavator. After a tragic accident in 2004 where a cyclist was struck and severely injured by the machine, the operator became cautious about training responsibilities. The county continued using the same equipment despite visibility concerns raised in court testimony, and the operator was later asked to train new hires without formal guidelines.
Legal exposure and safety regulations
In the United States, workplace safety is governed by OSHA (Occupational Safety and Health Administration), unless a state has its own safety agency. Wisconsin defers to OSHA via its Commerce Department. OSHA mandates that:

• Employees must be trained by qualified personnel
  
• Training must be documented
  
• Employers are responsible for ensuring safe operation of equipment
  

If an operator is not certified as a trainer and is asked to train others, they may be exposed to liability if an accident occurs and it can be shown that improper instruction contributed to the event. However, courts typically hold the employer accountable unless the operator acted recklessly or outside the scope of their duties.
Best practices for operators asked to train
To protect themselves, operators should:

• Document all conversations with supervisors regarding training assignments, including dates, times, and conditions
  
• Maintain a daily work journal noting tasks performed, equipment used, and any training interactions
  
• Clarify job title and responsibilities—if training is not part of the formal role, this distinction matters
  
• Avoid giving unsafe or undocumented instructions
  
• Encourage new hires to read equipment manuals and ask questions, rather than offering ad hoc demonstrations
  

One retired supervisor shared that keeping a personal work diary helped him defend against claims during his career. Another operator emphasized that even informal training should be backed by written acknowledgment from management.
The role of equipment visibility and historical incidents
The Cruz-Air excavator involved in the 2004 accident lacked side mirrors and had known blind spots. Despite expert testimony confirming visibility limitations, the county continued using the machine without modification. This raises broader questions about employer responsibility and risk management.
In the accident, the operator was found guilty of failing to maintain a safe distance, though the court acknowledged that the machine’s design contributed to the incident. The victim suffered life-altering injuries, and the county paid the maximum liability allowed under Wisconsin law.
Recommendations for municipalities and operators

• Implement formal training programs with certified instructors
  
• Retire or retrofit equipment with known safety issues
  
• Provide written job descriptions and training expectations
  
• Offer OSHA 10 or OSHA 30 certification to operators
  
• Ensure all training is logged and signed by both parties
  

Operators nearing retirement, like the one in this case, should be especially cautious about assuming training duties without support. Legal exposure, while rare, can be emotionally and financially draining.
Conclusion
Operators asked to train new employees without formal certification or documentation may face legal risk if an accident occurs. While liability usually rests with the employer, personal protection requires clear boundaries, written records, and cautious instruction. Municipalities must prioritize structured safety programs to prevent future tragedies and shield their workforce from unnecessary exposure.